2005-04-22 tHuggett (fka Soto SMA 03-007)2

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SPRINGER:I just have a question. Could you give us the rules- the rulenumbers per notice and filing for Contested Cases so we can refer to our rule packet? Mr. Torigoe? TORIGOE:Yes. In fact I was about to ask if Mr. Kim had any particular citations or rule that assuming that just for the sake of discussion assuming that this is not a new application that its a continuation of the old one where in the rules does it require a further mailed notice of the continued hearings? KIM:Would you like me to? GALDONES:Mr. Kim? KIM:Thank you. With regard to Corporation Counsels inquiry, the letter dated March- IWASHITA:Mr. Kim can you hold the mike closer to your mouth so we can hear cause werenotpickingup. KIM:Sorry.Inanswertoyourletter,Mr.Torigoe,yourquestion,itistheletter dated March 23, 2005 from the Planning Director to Mr. Mooers which instructs him as a duly authorized representative of the County government in the capacity of the Planning Director seat that he is required pursuant to his application which is in the letter and I would ask you to consult this letter which I have right here which he tells them is a new application. And my clients received this letter saying it was a new application. It directs Mr. Mooers and I will read it into the record. It says, and this letter now is dated March 23, 2005. Dear Mr. Mooers. This is to inform you that the above Special Management Area Use Permit Application has been scheduled for a continued public hearing by the Planning Commission. Now, on the letterhead itself it shows the applicants not being Mr. Soto but it says it is the Huggetts formerly Eric Soto. In the letter it says that the notice shall include the name of the Applicant and the other relevant information on page 1. On page 2, the Planning Director specifically informs Mr. Mooers that they must inform the landowners and lessees of record that they have a right to request a Contested Case hearing under the applicable procedures. Now my client got this letter and we prepared for today to request a Contested Case hearing. Are not the members of our public and citizens authorized to rely on a letter from the Planning Director as to their respective rights and remedies to come before this Commission? And so in answer, thats the basis and because this triggers that right the applicable rules as you have in your Commission Rules trigger for Contested Case hearing. That is my analysis. TORIGOE:Mr. Chairman. GALDONES:Mr. Torigoe. TORIGOE:So basically your clients are relying upon that March 23, 2005 letter from the Planning Director. My question was though, if- if you assume that this is considered a continuing application and not a new one is there a rule that says that the surrounding property owners are entitled to a, a mailed notice of the continued hearing. Because I think the 13 EXHIBIT B